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sueing the hospital (yes or no)

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andyscooter
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PostPosted: 09:18 - 21 Nov 2014    Post subject: sueing the hospital (yes or no) Reply with quote

right this may be a long post so bear with me

as some of you know i was knocked off my bike on august the 31st resulting in a broken leg the exact term was fractured tibial plateau

i spent four days in hospital and when i left i had a metal fixation down the inside of my leg

i was sent home with a pack of paracetamol

on my discharge paperwork it said i would be called in for an appointment in two weeks for a clinic and have my staples removed from my knee where the rod was put in

i also had a nasty wound to the right knee this was covered up with a bandage so they didn't get in trouble with the next ward in a and e when i went in and nothing else done to it the entire time i was in hospital

anyway we called a district nurse in to have a look at the knee and the dressing was changed
another nurse was sent out a few days later and noticed the leg was a bit black

had four weeks of the dressing being changed three times a week and then found there was an infection in the knee and was put on antibiotics

i was also suffering with necrocys (sp) and had to have special dressings applied these cured this within two weeks

no appointments came from the hospital and the nurse at the local gp ended up removing the staples in my knee

i was supposed to have an appointment after six weeks to see a consultant since then i've had numerous physio sessions

again never received one so made one ourselves

this brings me to yesterday

i walked in and the consultant wanted to know why i was limping

i replied i was still in pain

i was immediately sent for an x-ray which showed the tibia was mending well but the fibula was also broken and this hadn't even started to mend possibly because of the physio wasnt aware there was another break and have been doing the wrong exercises

at no point had anyone mentioned the fact i've had a broken fibula as well and it doesn't seem to be in my notes anywhere until yesterday and was immediately signed off for another six weeks

i had only just started work with a company when it all happened who only recruit through an agency so i have only been getting 70 quid a week for 12 weeks off employment support allowence i may not even have a job to go back to and am now running out of cash as used payout from bike to live on

tl dr vesion

been walking about with a broken ankle for 12 weeks that hospital didnt seem to spot and now im broke should i sue them
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Tristan.
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PostPosted: 09:26 - 21 Nov 2014    Post subject: Reply with quote

When you where waiting to be given an appointment why didn't you call them?

Do you have an injury claim going through from the insurance claim?
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pinkyfloyd
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PostPosted: 09:26 - 21 Nov 2014    Post subject: Reply with quote

Did you pay for this treatment and get it privately not on the NHS? If yes then sue the bollocks out of them.

If you had all this treatment which has cost our NHS several thousands for free then I would not sue an over stretched NHS budget any more because you are not dead, you are not disabled from the ordeal and I'm sure with more free physio from the NHS you'll make a full recovery.

I'd make a complaint, go to the NHS Liaison office and put a complaint in but I wouldnt sue
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Tracey Suntan-King
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PostPosted: 09:32 - 21 Nov 2014    Post subject: Reply with quote

Claim? Blame? Shmame.........

Concentrate on getting well. Money is not going to help you at this stage, you need your leg fixed and working.

You've got years to make a claim if you go down that route and in any case there'll be no payout (if you prove negligence) until you and they know the long-term effect of the injury and the consequences of the way it was treated (or not treated).

You've had a poor deal, keep notes of everything that has happened, or not happened, keep details of every conversations/consultation. Also details of pain, discomfort and obviously losses. It will all come in useful if you make a claim, but such claims are lengthy, tiresome and fraught.

Get well soonest.
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andyscooter
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PostPosted: 09:57 - 21 Nov 2014    Post subject: Reply with quote

Tracey Suntan-King wrote:

Concentrate on getting well. Money is not going to help you at this stage, you need your leg fixed and working.

.

Get well soonest.



money will help as struggling to pay the morgage as ppi insurance

wont pay out as i wasnt in a fixed employment

also struggleing to pay other bills with just the wifes wage
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Rogerborg
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PostPosted: 10:15 - 21 Nov 2014    Post subject: Reply with quote

pinkyfloyd wrote:
If you had all this treatment which has cost our NHS several thousands for free

The NHS is a service that we pay for, whether we want to or not. It should deliver, and when it doesn't we should damn well get our money back one way or another.

It'll come down to whether an ambulance chaser wants to take on your case. Try a few, be clear that you need monies now, not in 3 years time.
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map
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PostPosted: 10:37 - 21 Nov 2014    Post subject: Reply with quote

As with all this complaint stuff you need to follow their procedure otherwise it will not be looked at.
Their procedure of course is the default they did nothing wrong.

I don't think you can jump straight into calling an ambulance chaser where there's blame there's a claim firm. Could be wrong on that, post back if I am.

Best start the ball rolling with the hospital PALS (patient advice and liason service).

FWIW details of making a NHS complaint here.
It's the NHS though, expect management to perform much covering of ass arse (I think that's why they're paid the big bucks).
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Rogerborg
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PostPosted: 11:18 - 21 Nov 2014    Post subject: Reply with quote

I was unclear. I meant that if money is the goal then there's little point in even beginning the complaints process if you can't find an ambulance chaser willing to pick it up after the NHS finally knocks it back.

I'd suggest doing it anyway though, for great justice.
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Tracey Suntan-King
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PostPosted: 12:08 - 21 Nov 2014    Post subject: Reply with quote

andyscooter wrote:
Tracey Suntan-King wrote:

Concentrate on getting well. Money is not going to help you at this stage, you need your leg fixed and working.

.

Get well soonest.



money will help as struggling to pay the morgage as ppi insurance

Wont pay out as i wasnt in a fixed employment

also struggleing to pay other bills with just the wifes wage


Yes, I know. My point is that you won't get any money for years.

You need your leg mended to get earning again.

The claim is secondary to you getting fixed.

Also Map's advice above to use the complaint procedure is spot on. A complaint that is upheld will help your claim and possibly shorten the time your claim will take.

PS PPI claim?
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bikertomm
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PostPosted: 13:02 - 21 Nov 2014    Post subject: Reply with quote

This thread reminds me of this mong Laughing

https://i1.ytimg.com/vi/T84lqD6-Ub4/mqdefault.jpg

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chris-red
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PostPosted: 13:22 - 21 Nov 2014    Post subject: Reply with quote

pinkyfloyd wrote:

If you had all this treatment which has cost our NHS several thousands for free



I pay nearly £4k a year for NI if this treatment is free can I have some of that back?
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andyscooter
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PostPosted: 14:00 - 21 Nov 2014    Post subject: Reply with quote

[quote="Tracey Suntan-King"[/quote]

PS PPI claim?[/quote]

Had a protection on mortgage that should of paid my half if injured but won'tdue to not working for company properly as through agency

CComplaints procedure has been started
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Tristan.
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PostPosted: 14:30 - 21 Nov 2014    Post subject: Reply with quote

andyscooter wrote:

wont pay out as i wasnt in a fixed employment


Is that in response to me? If so, surely you get some kind of payout for suffering a broken leg in a non fault claim.
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andyscooter
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PostPosted: 14:47 - 21 Nov 2014    Post subject: Reply with quote

No that was for Tracy

Have got a claim running for injury's as well
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andyscooter
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PostPosted: 14:49 - 21 Nov 2014    Post subject: Reply with quote

No that was for Tracy

Have got a claim running for injury's as well
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Tristan.
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PostPosted: 14:56 - 21 Nov 2014    Post subject: Reply with quote

andyscooter wrote:
No that was for Tracy

Have got a claim running for injury's as well


Would it not make more sense to add this additional discomfort/inconvenience onto that claim?
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t121anf
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PostPosted: 16:01 - 21 Nov 2014    Post subject: Reply with quote

Not saying don't put a claim in, but thats pretty much normal for any treatment I have seen in my local NHS trust.

With exception of the broken fibula, was this missed? Not good if it was, still not claim worthy imo.

As others have said concentrate on getting well not getting rich.
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Minty
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PostPosted: 16:29 - 21 Nov 2014    Post subject: Reply with quote

t121anf wrote:
As others have said concentrate on getting well not getting rich.


I understand the stance, but if a oversight/negligence has meant you are now off longer and therfore not getting paid for longer, then I dont understand why you should just suck that up? If it was seen when it should have been and therefore treated then conceivably, he'd be back working and earning.

We also need to get away from this 'free NHS' bollocks. It is only free for the shirkers, not the workers.
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swampy
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PostPosted: 18:12 - 21 Nov 2014    Post subject: Reply with quote

Is there anything in your notes or discharge papers that says anything about a malleolar or lateral malleolus fracture ?

This is the posh term for a fibula fracture at the ankle (the malleolus are the bony bits that stick out of your ankle either side).

If there is then they should have known your ankle was broken (your tibial plateau is at the knee end of your tibia - as you probably know, so they shouldn't have really not got the two confused).

It is possible that you had an undisplaced fibula fracture that did not show up on an x ray, and that walking on it then displaced it at a later time.

I'm working with someone at the moment who broke their hip, but no one could see it on an x ray, it was only because he was in continued pain that they got a CT scan and found it. I've also worked with a lady in the last month who had the same thing and didn't know until the fracture displaced. I guess in short, its sometimes not easy to see fractures on an x ray.

Its up to you if you sue or not. Each NHS trust pays a fucking huge negligence insurance premium, so they might as well get their monies worth out of it (I'm convinced my trusts premium is substantially more than the cost of paying for any mistakes directly).

I would definitely get to PALS though and explain your complaint.
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Ariel Badger
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PostPosted: 19:51 - 21 Nov 2014    Post subject: Reply with quote

If only there was some way to challenge ppi that had been mis sold.
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iooi
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PostPosted: 20:00 - 21 Nov 2014    Post subject: Reply with quote

Ariel Badger wrote:
If only there was some way to challenge ppi that had been mis sold.


I would be putting a claim in.
If the OP was in the same type of employment when it was taken out. If he has moved over to temp then it could be different. As he should have told them of the change of circumstances.
Thus giving them chance to amend the policy.

End of the day still bung a claim in Thumbs Up
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yambabe
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PostPosted: 23:09 - 21 Nov 2014    Post subject: Reply with quote

My first thought would be if you were knocked off, was it the other driver's fault?

If so, who is dealing with your claim against them?

Cos if it was, what you really need to be doing is chasing your lawyer/claim manager to gee up their insurance for a substantial interim payment in respect of your injuries.

It is their responsibility to ensure you are able to meet your basic bills whilst you are waiting for a final outcome on your claim.
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andyscooter
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PostPosted: 09:41 - 22 Nov 2014    Post subject: Reply with quote

right try and answer some of these questions

swampy first

nothing about fibula at all on discharge
have seen the x ray they took after i came round from the op and that clearly shows a break in the fibula if i can see it why didn't they

the break is towards the bottom of my leg but they have always said tibial plateau fracture

iooi

was off at start of year with depression and work related stress tried claiming then but they wouldn't pay out on mental problems

changed jobs to allow me to go back to work but this company is a massive japanese firm who only employ through a recruitment agency as they have no proper management staff at our branch
we told them this but because my paperwork said temporary/permanent i can't claim
have now told them to shove said policy up there arse and cancelled the direct debit

yambabe

other party isn't admitting fault as they said a van flashed them out of a junction
the van was turning in and i couldn't have seen the car behind it waiting to pull out as i want round the van the car pulled out into me

and tristan

even though the person who knocked me off caused the injury i don't see why there insurance should pay for the hospitals mistake

if they had let me know about this at the beginning i would of told the physio and would probably of had different exercises to do and been back at work now its not really the drivers fault i'm still off work

no i dont know if the hospital didn't spot the break or just didn't tell me about it but im sure when i've seen my gp he didn't know about it either
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